Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State

A truck belonging to our client, a major European haulier, was found to contain a large number of clandestine entrants (‘illegals’) in the sealed trailer. Later another of their trucks suffered a similar incursion. As always, Border Force imposed substantial Civil Penalties against our client and their drivers, claiming that the system for the prevention of clandestine entrants utilised by our client was inadequate. The haulier lodged their own Objections to the Penalties which, as is so often the case, rejected the Notices of Objection on both imposition and level of Penalties.

SBC were then approached and instructed to appeal to the County Court in both cases. Specialist Road Transport Barrister Lisa Lyden-Cowan of SBC represented our client and their drivers on the appeals: not only were the penalties withdrawn and cancelled, but the Court also ordered that the Secretary of State (as Border Force) must pay our client’s reasonable costs in bringing the appeals – an entirely successful outcome for our client.

Smith Bowyer Clarke’s expertise in Notices of Objection and appeals against Civil Penalties was confirmed by the successful Court of Appeal case of Link Sp. ZO.o & Otrs v SSHD  [2021] EWCA Civ 1830, in which Simon Clarke, leading Millicent Dooher – both of SBC, represented two appellants in six appeals against such penalties. In that case the Court of Appeal set out the proper approach to these appeals, finding in favour of SBC’s clients and quashing the penalties.

We continue to regularly represent UK and European hauliers on appeals against Civil Penalties. Call Smith Bowyer Clarke now for a no-commitment no-cost consultation.